Elko New Market City Council Meeting - January 9, 2025

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All right, everybody. We're going to get this meeting started. We're going to start with our oath of office. So, um, we're just going to go over there. Please raise your right hand. I I do solemnly swear do solemnly swear that I will support that I will support the Constitution of the United States the Constitution of the United States and the Constitution of the State of Minnesota and the Constitution of the State of Minnesota and that I will faithfully and that I will faithfully execute and discharge execute and discharge the duties of the office the duties of the office of council member council member in the city of Ela New Market in the city of Alan New Market Innesota according to the law according to the law and the best of my ability and the best of my ability and understanding and understanding you are sworn in. Thank [Applause] you. We're actually showing you how to do it now. Please raise your right hand and repeat after me. I I Megan Megan Fields do solemnly swear do solemnly swear that I will support the Constitution of the United States that I will support the Constitution of the United States and the Constitution of the State of Minnesota. and the Constitution of the State of Minnesota and that I will faithfully and that I will faithfully execute and discharge execute and discharge the duties of the office of council member the duties of the office of council member in the city of El Market Minnesota in the city of El Market Minnesota according to the law according to the law and the best of my ability and the best of my ability and understand and understand welcome council member thank [Applause] And you save the mayor for last. All right. Repeat after me. I I Andrew Andrew do solemnly swear domly swear that I will support the Constitution of the United States that I will support the Constitution of the United States and the Constitution of the State of Minnesota the constitution of the state of Minnesota and that I will faithfully I will faithfully execute and discharge execute and discharge the duties of the office of mayor the duties of the office of mayor in the city of New Market the city of market Minnesota according to the law according to the law and the best of my ability the best of my ability Understand Mr. Mayor. [Applause] To the flag of the United States of America and to the republic for it stands one nation under God indivisible with liberty and justice for all. Um, council will note that there was a revised agenda uh provided before the meeting. There are no changes by staff beyond that. Do you have any changes? Motion to approve agenda. Second by second by Give it to Amanda. I'll take I Mayor, is your microphone on? Nope. On now. Um, there's no presentation proclamation or proclamations or acknowledgements. So, we'll move to public comment. Is there anybody that would like to speak publicly about anything not on the agenda? Well, seeing none, Tom, did you have a report tonight? move to item seven. So, um we have the annual organizational matters. Uh we found over the years it's just easier if I walk the council through these items. Uh the first section is appointments and assignments. The first item is identifying an acting mayor for 2025. Um so if the council could please identify who that is. Any volunteers? I'm volunteering Josh. However, Kate raised her hand. No, makes no difference. I don't care. I don't care either. What do you want to do? Go for it. Go for it. I make a motion to uh appoint Kate as acting mayor. Second. Okay. So, the actual No, we don't motion to adopt resolution 25001 appointing Kate. Second. All those in favor? Hi. Hi. Okay. Um, give me one second. I'm pulling up the report so we can walk through all the other appointments. Linda, you'll be writing down as we're going. So, we do have a number of um boards, commissions, committees uh that the council sits on. Some may some may provide the opportunity for more than one to um participate on the committee. Um so I'm just going to go through basically name the committee um assuming that everybody's read the general description and dates of meeting and whatnot and just be looking for count council consent and then I'll read it back through at the end and then you guys just in one motion can say so moved. So the first item um would be the uh scale representation. We do appoint scale um all of the council members as representatives to scale. So that allows you guys to feel comfortable going to everything. Um but there's also the executive committee element of that. Historically, it's the mayor um uh or another designated by the council, but typically it's the mayor and then I typically serve as the backup representatives. I'll continue that tradition if it's okay. Uh the second item would be appointment to the Scott County Joint Prosecution Association. Uh that is uh historically uh the city administrator as it is for the other cities with the chiefs of police as their backups. Would the council like to continue that? Okay. The next item is the city administ uh would be the representative to the regional training facility. Um the city administrator uh for us has typically served as the representative with the chief of police again as the alternate. Does the council want to continue with that approach? Okay. I35 Solutions Alliance. Um historically we've had one representative with the city administrator playing as backup or somebody else being backup. Technically, under the organizational um documents for the organization, there's two directors and one alternate. I would recommend that the city administrator be the alternate and the council can decide if they want to have one or two representatives to the organization. I would like to do that one if possible. You want to do it? Yeah. I can say no to meetings. We can both do I can be backup or an alternative alternative behind you if necessary. either one of you can't make it alternate in front of if you just want to be the other director and then I'll be the alternate as necessary. Maybe a question maybe it doesn't have to be discussed now but do we have representation on the TAC committee the the technical advisory I mean and typically maybe that's more the engineer I guess I don't know who technically from cities would go to that um typically it's kind of a volunteer role they invite who they think they are going to go I have in the past had to muscle my way onto it since you know we don't have a city uh in-house city engineer a lot of the big house city engineers up there know each other and they just kind of get together. So sometimes they need to be reminded that um staff from other cities might participate. I think it would be good for us to have a representative on that um because that is a group that typically makes recommendations on priorities for projects. So there's a little bit of politicing that goes on in addition to just normal analysis. Um, if there's an opportunity, I would see if um either I or Renee can get appointed to that. I I mean, I think it'd be super beneficial, don't you, Commissioner? To have somebody I mean, it's not me. I don't have the expertise in a lot of that stuff or whoever, but I think it'd be really good because they're setting priorities. We're shrinking. I'll get to that in the report, but we should think about that. Okay. So, what I'm hearing is Megan and Josh as directors and both or one of you can attend as available. Both could go. Yep. Yep. And then I would serve as the alternate as the It's just It's a nice meeting because it's 7:30 in the morning. It's on the way to work. It's super uh the next one would be the fire relief board. Um for the last several years, Kate has served as that representative. Um, that person also typically serves as the representative to the fire service area work group as well. It doesn't have to be, but typically because of the subject matter commonality, uh, it's been the same person. I'm okay staying on it unless somebody new wants to try it. Throw me for a loop. I just assumed you enjoyed that one. I do love a passion of mine. So, but if somebody else wants to do it, I'm game not taking for both both of those. Correct. Okay. Um then we have the CC, the community and civic events committee. Um we have a council representative on there. The last few years it's been Amanda. Happy to keep it. happy to share it after I'll be back up if she can't make it sort of like we did this last term. That's fine. Okay. So, we'll amend the appointment to have Amanda as the primary and Kate then as the alternate. Okay. Then we have the Minnesota Valley Transit Authority. We have an exofficial role on that one. I think it's fair to describe that a lot of what they're doing doesn't have immediate impact on us. So, it's a lot of it is being aware and having influence on their long-term planning efforts as well as networking with communities who do and will have influence over how transit may impact us on the future. Where was it held before? I believe they're currently um it was Gina. Gina was on it. Yeah. I'm happy to take that one. Was this one mostly virtual, too? I can't remember. Uh, they're back to meeting in person. Yep. Isn't this the one that we decided that we'd look at the packets and see if it was necessary for somebody to actually attend? Yeah. Correct. Yep. The expectation from the rest of the council is you can attend as frequently as you want, but if you want to take the I'll see what's on the agenda approach, that's that's perfectly fine. Sounds like Megan wants to go to all of them. Go ahead. I just figured since no one else is saying anything, I got it. Um, then we have the administrative appeals board. So, this is the board um that reviews appeals related to utility bills. Uh, currently consists of the finance specialist, the city administrator, and one council person. Uh, Josh has been doing it for probably five years now. I dig it. I mean, but if people want to do it and we've got a good routine down, but again, others can learn. You just got nominated. So, based on that, Linda, do you want to read back all of the appointments and council can say so moved? Okay. Um, Council Member Theopold and Council Member Berg, as a representative to the I35 Solutions Alliance, city administrator will be the alternate. Um Renee and Tom would be the TAC that is um newly graded um that's added. Um council member Timberman and city administrator as representative to the fire relief board. Council member Timberman as representative to the fire service area workg group. Council member Novak representative to the community and civic events committee. And council member Timberman as alternate. Council member Theopol as the representative to the MVTA board and council member Berg to serve as a city council representative on the administrative appeals board. So we'd be asking the council to approve those appointments as well as the recommendations and items A through C. So moved. Second. All in favor? Hi. Hi. Oh, yes. Thank you, Mr. Mayor. So, item the second item is designation of the official newspaper. Uh, staff is again recommending designation of the New Times as the official paper. Um, one of the key factors with that has been there's appears to be no real advantage with regards to subscription rate in the city. It's really comes down to they actually cover us. They cover our council meetings and they cover events within the community. whereas the other options do not. Motion to approve resolution 252. Second. All in favor? I I resolution 252 passes. And then the last item is designation of the official depositories. Um we are again recommending New Market Bank and League of Minnesota's Forum Fund as the official deposiitories for the city. Motion to approve resolution 25-03. Second. All in favor? I I pass. With that move on to consent agenda. Councilors, any quick questions on the consent agenda items? Anyone? Motion. Go ahead. Motion to approve consent. Second. All in favor? I I made Kate made the motion. Second. Amanda made it. Amanda made it. Okay. Yeah. Um, next item is public hearings. There's a hearing for liquor license at Alberta's Mexican Restaurant. Um, is there a report from the staff? Uh, yes, Mr. Mayor. Um, we've had application from Alberta's Mexican Restaurant LLC for uh liquor licenses for that location. Uh we have reviewed the application and staff has found that they meet all the requirements for issuance of the application and we would recommend approval. Motion open. Is there a is the applicant present? You have anything you'd like to say to the the council? Not at this point. We're looking forward for that approval, but I don't have anything else other than we're happy to be at the market and happy to our communities. Thank you, Mr. Mayor. I just would like to add a comment that um in the memo, the property taxes have been brought forward on this property and so it does beat all requirements. It is different from what the memo stated. All right, with that, we'll open public hearing. Uh it is 1818. Is there anybody that would like to address this item? Seeing none, um, get a motion for approving. Close it first or close the public hearing and then get a motion for approval. Motion to approve resolution 256. Second. All in favor? I. Thank you. Appreciate that. Thank you. We're very happy you're here. Thank you so much. Now we'll go to general business. Uh first item in general business is the Highland Eagle U Tamarack Land Development. Um council for discussion I do have a presentation that I can do is that just for the public's benefit if anybody's viewing online or um I know most of you have heard this a couple of times already but I will go ahead and do a quick overview. Uh the council is aware that uh back in approximately 2005 there were multiple development projects um being proposed. Um public improvements were needed to uh serve the proposed developments. They included the um Eagle View Elementary School um proposed by um school, New Prague School District, as well as development on the what was known as the Wagner property um currently held by Victory Fields LLC through assessment agreements with various owners and developers. The city constructed a public improvement project and assessed the benefiting property owners uh and streets and utilities were extended from Dakota Avenue to Texas. Um, a particular joint special assessment agreement was reached between the school district and on-site marketing, who is the proposed developer of the Victory Fields property at that time. Um, the after the project was constructed, the final assessment amount uh for the Victory Fields property was $689,797. It was uh assessed at an interest rate of four uh 5.42%. 42%. The assessments were levied as deferred assessments against the property and the city expected lump sum payments uh to be paid to the city with each phase of the development. Um due to the housing or the recession u and market crash, the development was abandoned and the assessments have remained unpaid since that time. Um the city did bond for that project in 2007. Um based on the uh structure of the bond, this city could not afford to pay the debt service and did refinance that bond in 2012. Um the city did levy property taxes uh increased our tax levy in years 2018 through 2024 to help cover the deficit. Um city staff has run some scenarios of the the principal and acrudeed interest here as shown on this slide. Um, Tamar Land Development is now proposing development of this 50acre property. Um, they have indicated to staff and the council that the project is not financially feasible with the existing assessment balance. Um, and a perform was submitted to the city on November 14th that outlined uh the basis for a proposed $200,000 contribution towards those assessments. Um, and Tamarak uh Land Development and Victory Fields LLC are seeking a reduction in the deferred assessment amount to 200,000. Um on December 5th, associated with this uh request, the city council did recommend approval of a concept plan that had been submitted by Tamarack. Um one of the contingencies of the council's approval was um it was contingent upon the developer providing parkland within the development which could accommodate um at least a neighborhood park um a small neighborhood park with a playground, potentially picnic shelter, potentially sport court. Um the city worked with our city engineers office to identify the amount of space needed and uh for those types of improvements or park uh facilities and uh we found that the minimum would be uh result uh resulted in the loss of three lots within the development. Um based on the developer's original perform those uh three lots would have a value of approximately um 270,000. You can see here um the recommendation of of the council or the discussion was to uh locate something centrally within the development. Um also outlining the benefits of having this property uh developed benefits to the city. Uh and these bene these estimates are based on the development of uh 50 acres with 149 single family residential lots with the average home value of $400,000. Uh from the developer, we would collect in uh trunk area charges approximately $780,000. uh in building permit revenue to the city, we would collect approximately $769,000. And then annual ongoing property tax revenue upon uh full development would result in today's dollars approximately 300 or $298,000. Um also noting that deferred assessments automatically expire after 30 years of being levied. Um the assessments were adopted in 2007. Um they could not be collected after 2037 if this property did not develop before that time. Um and then the life expectancy of the improvements that uh have been assessed to the property. The streets are life expectancy is approximately 40 years with a million overlay somewhere around 20 years. uh life expectancy of utilities is approximately 50 years and the infrastructure in vic uh adjacent to victory fields is now 18 years old. Um the city council is being asked to provide feedback regarding the Tamarack land development contribution of $200,000 and direction regarding relief of the deferred assessments that relate to the property. Is the developer present? Good evening, members of the council. Mayor, uh, back here for the third time. So, I've talked to many of you guys over over the last few sessions about this. So, I'll stand for any questions you guys have. I do want to thank staff again uh for getting us in front of you guys. They've done a phenomenal job as well uh getting us here in front. So, you guys have any questions though? No. Got off easy. Uh, council discussion. Well, since I missed the last two, I guess I want to figure out where Oh, sorry. Since I missed the last two, I want to know where everyone's sitting. What are you thinking? What are your thoughts? Can we go back like three or four slides where it was developer fees and some other fees? I sure can. Um, I think that's relevant. as she's doing that. I guess I can I can just say too, you know, I fully appreciate uh the the developer and the family working with us on this. Um, as I've said, you know, I think uh well, maybe I I'll stop for a second. Uh Renee, Tom, you know, are there any other or let me it's a hypothetical, so answer it if you want, but would these public improvements have been done without this development if it was just let's hypothetically just say it was the school that was being uh uh proposed out there at the time in 200 whatever five. Would we have likely done this anyway? Um, I'll actually gonna kick that to Rich as to what would have been necessary at the time, but 255th per Well, it's a vital link to to Texas Avenue for the school so that they don't have just one way in and out. So, I think we'd have figured out something might not have looked exactly like that, but I think that link would have been critical and and so something would have happened or the school wouldn't have. I think the the it's it's difficult to ask that in isolation because it was one overall planned project. So it worked because all the pieces were getting built as part of all of the specific development that was occurring along the way from Dakota Acres all the way out to what was going to be Eagle View Estates at the time. Um but so does that help? It's reasonable to think that it probably some sort of public improvements would have been needed in order for the school to be there and it likely would have moved forward. It could have moved forward with whatever. I guess maybe a followup then would be are there any other properties along that project area that are going to be assessed any special assessments as they develop now moving forward? No. Um, at the time that we did this, uh, there was an agreement that if there were other properties that developed within a reasonable time frame, at that time it was five years, we would try and collect from them and then possibly offset because there was infrastructure that was paid primarily by the school district um that serviced other properties. um prime and I think we would be talking the free the two different FIGS properties, different Frees families um along the route that have infrastructure built adjacent to their property that was picked up either by the school school district or the residential development out there. So again, fair to say that had this development not even been talked about and if it did move forward with just the school or whatever out there, they wouldn't be held accountable to pay for these special assessment fees at this point in time anyway. uh if they were just coming in now as a new applicant. So, it just continues to reinforce, you know, my perspective that, you know, 200,000 it's it's better than nothing. Plus, we're going to get 1.5 million right off the get-go first year and then, you know, as thing ramps obviously up to 298 or 300,000 annually thereafter. So, I mean, I think that's in the best interest of the community to just we need to move forward and approve it. So, You sounded like an attorney. Like thanks. I don't know. Maybe that's not good. Tom was testifying. I am. So I would say the first meeting we had with Joe here, he was like 500, no less. We came back the second meeting 400, no less. Gina was on board with that. I know they're not here, but I'm just like this is how I'm getting to my logic. I am of the opinion that 200 is not enough, but I think I fall somewhere like 3 350. I think that, you know, when full buildout it will be great and then we're, you know, we'll be getting a lot of fees and funds and that sort of thing, but that's going to take a while. So, I think that We should be collecting something. We haven't heard from um I I am along the same wavelengths as Josh. Uh 200,000 is is great. They're also doing the park dedication which is $270,000 that they are it's obviously it's not out of their pocket but it is out of their pocket because it's not any land that they are going to be able to sell and use. So they are out that money which is a benefit for us to be able to have that park there. Um one you know close to 1.5 in fees coming in and property taxes of 300,000 I think is great. the fact that other land owners along the road have not been assessed and are not required to make any payments. I feel that we just take the 200, move it forward and get the development going. Well, I think I agree with Amanda, but I would also hate to move forward and counter at three or whatever and then we miss out on something over a hundred grand difference. So, I would probably fall in line with Kate and Josh. I think I think the optics look bad on it, but with that 1.4 1.5 that we get right away, I think that leads to getting something done. So, I was as I was watching this progress over the last few months, really on the fence about which way to go with it because of the optics and I think developing this development will lead to others. So, myself that 200 as well at this point with uh so looks like 1.4 or so coming up. annual 300,000 in property tax. Um they're going to give 200. They're going to put 270 up for a park. Um I think it's reasonable at this point. Um this would be since we're not we're not taking a vote on any of this. So it's just discussion. So I think we're pretty much all for the most part the the difference of 100,000 I think we're all on board for the most part. Um what would be the next steps? So, I think the next steps is that the uh Tamarak and uh the family will decide whether to move forward with development based on what they're hearing from you tonight. And if we get an application, we can uh handle this at the direction of our city attorney, either incorporating the language uh regarding the assessment into the development contract or potentially a pre-development contract um before development. So, I think those are the two options and um I've discussed those with Andrea um at other times and discussed with Amy prior to meeting. A question, Reed. Um I've had council members outside of the meeting ask staff if they knew um because there's been a lot of discussion about the property taxes generated by the project at full buildout. There has been a I've gotten multiple questions about what is the developer expecting to be the buildout time on a knowing that it's subject to market and everything, but what do you work in your perform expectations for buildout on a project like this? Yeah. No, it's a good question and um I appreciate you guys' feedback and and um our building partner, we don't build, we develop, but our building partner that is uh with us uh will be able to come forward here um during preliminary plat and show some examples of house plans and talk prices and all of that. Um the good thing is is um I can say that our partner is a national developer or national builder. Um the good thing and I think I've mentioned this in in some of the meetings we've had before is is the benefit of a national builder is is they are a production builder. They they make money on production and and being able to turn homes and sell homes and build at at a commodity with contractors and stuff on site. Um it's fair to assume um that most nationals, local nationals, whether it's um LAR, PY, MI, Hortons, um all of those build generally um they build about 40 homes per neighborhood uh per year. Um so that's that's kind of their their market. Uh obviously some communities do much better than that, some are a little slower. Um, with this one, um, being that, uh, Nationals are are newer to Elco New Market, it probably will take a little bit of that inventory to start and getting some of those homeowners to to get in there. Um, but I we're confident that um that that once we get some some neighbors down here, things will really pick up fast. um get it into a price point that's attractive to a lot of uh homeowners that are either looking to um get into a new home. Uh maybe upsize um or locate relocate uh families and stuff into a a great community like this. I think the park is wonderful. It'll attract some people. School being right across the street, it's it's a wonderful site. Uh and we're excited to to move forward here with it. So Tom, does that answer your question? roundabout way. It's fair to assume 40 per per neighborhood. So So basically, you're thinking four years to complete. 48. Yeah. Yeah. Somewhere in that range. Yeah. Um this development initially just um be looking at probably like a two-phase type development. Um kind of building it in in kind of two chunks at this point. Now, things could change based on on how the utilities and street connections and lift stations and everything else that need to go in there, but uh generally speaking, that's what we've forecasted at this point. So, appreciate it. Thank you guys so much. Thank you. Thanks, Wagner family, for bearing with us. Well, there's nothing. No, we're just moving on to move on to reports. Yep. Staff feels they have pretty clear direction. And Reed, do you feel you have clear feedback? Okay. All right. Administration. Um, I have nothing specific to report. Public works. I have nothing to add, but I'm here if anybody has any questions. Any questions? See none. Police. Great. Chief, it's a bit of a challenging year with uh adding new people, new sergeant, new chief, siege audit. Um, but we're doing good. I'm proud of all my people. They stepped up and look forward to 2025. I think there's a lot of opportunity. That's it. Rich engineering. Um, Luke is here as well as as me. You have a report from Luke in your packets, I believe. If you have any questions in that or anything else, feel free. Otherwise, I have nothing further. Community development. All right. Parks. Uh, Jake did not forward anything that he um beyond what was in written in the packet. CC did not meet in December. We'll kick off January and get some dates out for our events and that's all I got. Scale time. So, executive committee because the new mayor hadn't attended um I was unable to make the meeting as well because of commitments here at city hall. Uh probably the biggest notable item out of that is that the executive committee allocated funding to continue the insurance consortium. um research project. Uh we're moving more into the nuts and bolt. The governance is the next big element associated with that. And there'll be a a working group with representation from both of the cities. For us, it'll be me and Kelly. Um that will be representing Elanoo Market and similar type positions from other cities. That work will probably take a few months. Um, and then if the governance issue is fine and all of the partners are on board with that, then we'd move into what is fondly referred to as the nuts andbolts stage of what it would actually look like in practice from policy, policy structure, that type of standpoint. That will require an additional allocation of probably um equal to what it took to get through the governance um phase. Uh the current timeline is that by end of summer, we would be in a position where we would be at the go no-go. Probably earlier than that, we'd have to make the go no-go decision to have everything in place. Um then, uh to be able to go for Jan one of uh 2027 is the working date right now. Service delivery um service delivery meeting is actually canceled for this month. Um so I have nothing to report. I 35 uh the meeting was this morning. I know Tom had forwarded uh the the documents or whatever. Um one notable or the notable part of the discussion this morning was um the TAC committee came back with recommendations. We had asked them to go back and look at the priority list and then the supported priority list. The supported list had like 30 different uh projects that weren't necessarily along 35. Um so the recommendation that they came back with that many of us agreed with is I35 solutions is for I35 projects. Um so all of the 169 stuff, the Cedar stuff, the cross town that doesn't touch or cross over 35 shouldn't be part of our focus and our priority of this group. um which is fantastic for projects like ours because we never could make it to the list. And uh so I mean we deleted we're going to delete five out of the top seven priorities that were on our legislative agenda uh or priority list which leaves like two or three. Ours will get up then um because there aren't as many on actual 35. Um so and we have tremendous support. So kudos to everybody that's been a part of this group and working over the last few years, Commissioner Wolf. Um but like Commissioner Workman who's the chair from Dakota County. Uh uh Commissioner um she sits to my right. Uh okay. Dang it. I'm who it's the other one from Dakota County. Um she she's been a champion of county road to the interchange. Um Lisa. Yes. Mary Liz. Uh, and then, uh, Lisa from the county also has been advocating. She was part of the TAC committee, but I think it would be really beneficial for us to have somebody at those TAC committees. So, um, Mark Ray from Burnsville is leading that. Um, so that'd be who we'd want to reach out to to get invited to those meetings. Um, but they're going to be coming back for the February meeting with a revised priority list. our should be on that list based on what everybody was saying. Um, and then they also acknowledge because uh, Representative Cosnik is chairing the transportation or co-chairing the transportation committee that it makes sense to uh, for the county road 50 and ours to be a part of these discussions for this these next couple years. So, seemed like a lot of good progress and yeah. All right, that concludes reports. Uh, any discussions by council? I just have a question. Is there any update on and maybe it was in the packet. Any update on the old PD uh work that's been happening or No, we are in homework mode. Um the work group uh led by Brandon had gone through and identified at a high level the various options for that property and he's currently going through and flushing those out a little bit for further discussions. The next meeting is tenatively scheduled for February. And do we have a council member? Was Gina on that? Gina was the representative. So, if the council wants to continue to have a representative and I would strongly recommend it, um I I guess I would ask a council member to sit in on that. It's we have time if council's not ready to identify somebody tonight, but if you could, I think it would be beneficial. I would be happy to sit on that. Okay, I'll let Brandon know. Anything else? Then we'll move to an adjournment. Adjournment. I make a motion to adjurnn. Second. All Josh made the motion. Kate seconded. All in favor? I I meetings adjourned.